Meena Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35934 of 2017 Arising Out of PS.Case No. -249 Year- 2016 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================

1. Meena Devi W/o Sri Dashrath Tanti @ Dashrath Das, R/o VillageSighaul, P.S.- Muffasil, District- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate Mrs. Babita Kumari, Advocate Mr. Shashank Shekhar, Advocate Mr. Pravin Kumar, Advocate For the Opposite Party/s : Smt. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 420/406/409/467/468/120B of the Indian Penal Code. In the financial year 2006-2007 and financial year 2010-2011 some public fund was allocated for installation of solar light in Singhaul Gram Panchayat. The petitioner was Mukhiya. Allegation is that in collusion with the Punchayat Secretary, the petitioner misappropriated the amount meant for installation of solar light.

Submission of the learned counsel for the petitioner is that the F.I.R. is based on inquiry report at Annexure-2. The inquiry report dated 08.03.2017 would reveal that under both the

Patna High Court Cr.Misc. No.35934 of 2017 (2) dt.10-08-2017 P2/ schemes total 69 solar lights were to be installed. However, only 64 solar lights were found at the place and five were not installed at the referred place. The inquiry report is 08.03.2017. Submission of the learned counsel for the petitioners is that there is no proper control of the authority in the maintenance and upkeep of the solar lights and after lapse of the period of five years such allegation appears to be absurd. Considering the substance in the submission aforesaid, let the petitioner, above named, in the event of her arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.

20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai/successor Court in connection with Begusarai Muffasil Police Station Case No. 249 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T